Confusing Situation


#1

My ex states that I owe him money that he overpaid for my daughters special needs therapy and refuses to pay any more for her at all even when the amount owed to him is going right back in his pocket every month that he doesn’t pay. This has been going on for 2yrs now and I have been taking care of her needs without his support in order to pay him back. There was no agreement signed by either party on how to pay the money back. As of now the amount that has gone back to him since he stopped paying has clearly exceded what was owed to him and he still refuses to start paying for her needs again. He also has not paid one dime of the dental expenses for either child (2) sinced the divorce 4yrs ago and has never paid me the tax money from the first year of marriage as outlined in our seperation agreement. We have been divorced for 4yrs now and we did a seperation/divorce agreement without going to court. It is spelled out in the agreement that he is to pay a certain amount for her needs and a portion of dental. I also believe that his financial situation has changed within these years to the better. I want what’s best for my children one of which is special needs. Any guidence in this matter would be greatly appreciated, thank you.


#2

It sounds like you need to take him to court for breaching the separation agreement. He needs to provide proof of expenses and payment, and the court can address what payments need to be made to you. You may also be able to file a new action for child support to have the court enter a new amount for his monthly child support obligation. It depends on the wording of your separation agreement and whether the child support provisions contained in the agreement are modifiable.